Page:United States Statutes at Large Volume 52.djvu/668

 75TH CONG. , 3D SESS.-CH. 32t-JJUNE 8, 19)3S The office and records of the sanitary officer, District of Columbia, are hereby transferred from the Metropolitan Police Department to the Commission and the sanitary officer shall be secretary of the Com- mission. Suitable quarters shall be provided for the Commission by the Commissioners of the District of Columbia. SEC. 3. Upon the filing with the court of a verified petition as hereinabove provided, accompanied by the affidavits of two or more responsible residents of the District of Columbia setting forth that they believe the person therein named to be insane or of unsound mind, the length of time they have known such person, that they believe such person to be incapable of managing his or her own affairs, and that such person is not fit to be at large or to go unre- strained, and that if such person be permitted to remain at liberty the rights of persons and property will be jeopardized or the preser- vation of public peace imperiled or the commission of crime rendered probable, and that such person is a fit subject for treatment by rea- son of his or her mental condition, the court, or any judge thereof in vacation, may, in its or his discretion, issue an attachment for the immediate apprehension and detention of such person in Gallinger Municipal Hospital, or any other hospital, for the purpose of pre- liminary examination. Any person so apprehended and detained shall be given an examination within forty-eight hours of his admis- sion into Gallinger Municipal Hospital by the staff of Gallinger Municipal Hospital. If, as a result of such examination, the said staff of Gallinger Municipal Hospital shall certify that the said per- son is a proper subject for commitment the case shall be forthwith referred upon said certificate to the Commission; but, if as a result of such examination, the said staff shall find that the person is of sound mind he shall be discharged forthwith by said Gallinger Municipal Hospital and the petition dismissed. Nothing contained in this section shall deprive the alleged insane person of the benefit of existing remedies to secure his release or to prove his sanity, or of any other legal remedies he may have. SEc. 4. Any petition filed in the equity court for a writ de lunatico inquirendo or for an order of commitment of any alleged insane per- son, unless said person shall have been discharged by the staff of Gallinger Hospital in accordance with the provisions of section 3 hereof, shall be referred by the court to the Commission for report and recommendation within such time as the court may designate, which time may be extended by the court for good cause siown. The Commission shall thereupon examine the alleged insane person and any other person, including any suggested by the alleged insane person, his relatives, friends, or representatives, whose testimony may be relevent 1, competent, and material upon the issue of insanity; and the Commission shall afford opportunity for hearing to any alleged insane person, his relatives, friends, or representatives. At all hear- ings the alleged insane person shall have the right to be represented by counsel. The Commission is hereby authorized to conduct its examination and hearings of cases elsewhere than at the offices of said Commission in its discretion, according to the circumstances of the case. The Commission shall determine (1) the sanity or insanity of the alleged insane person, (2) the length of time the alleged insane per- son has resided within the District, and (3) the ability of the rela- tives, mentioned in section 11 of this Act, or the committee of the alleged insane person to pay all or a portion of the maintenance of such person if confined to Saint Elizabeths or any other hospital; and shall include such findings in its report. 'So in original. Sanitary officer; transfer of office and records to Commis- sion. Designation as sec- retary. Issuance of attach- ment. Prompt examina- tion by Gallinger Mu- nicipal Hospital staff. Reference to Com- mission if person proper subject for commitment. Discharge, if found of sound mind; dis- missal of petition. Benefits of existing remedies not to be denied. Reference of peti- tions for writs by court to Commission; exception. Examination and hearing. Right to representa- tion by counsel. Examination and hearings elsewhere thanat offices of Com- mission. Matters for determi- nation. 52 STAT.] 627

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